This chapter shall be known and may be cited as the "Altoona City Planning Code."
This chapter shall take effect July 24, 2003. Amendments shall become effective on the first stroke of midnight immediately following the vote to adopt such amendment.
It is the purpose of this chapter to protect and promote the public safety, health, welfare and morals through a coordinated, consistent, citywide planning effort. Such effort shall include, without limitation, coordinated development; guidance and protection of amenities, conveniences, and facilities; improvement of governmental processes and functions, including customer service; mitigation of potential problems as may exist or are foreseen; and the protection of the cultural, economic, social, practical, and governmental aspects of the City.
The provisions of this chapter shall not affect any act done, contract executed, or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted, to enforce any right, rule, regulation, or ordinance or to punish any offence against any such repealed ordinances or against any regulation or procedure enacted under them.
This chapter is adopted and enacted under the authority granted to municipalities generally or third class cities as enumerated below:
A. 
Authority to delegate powers in Part 1 is derived primarily from the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247,[1] as reenacted and amended, as well as the Home Rule and Optional Plan Government Code.[2] Additional authority is gained from the Urban Redevelopment Law,[3] the Airport Zoning Act, the Pennsylvania Flood Plain Management Act,[4] and the Stormwater Management Act[5] as they apply to the planning function of a city of the third class.[6]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 Pa.C.S.A. § 2901 et seq.
[3]
Editor's Note: See 35 P.S. § 1701 et seq.
[4]
Editor's Note: See 32 P.S. § 679.101 et seq
[5]
Editor's Note: See 32 P.S. § 680.1 et seq.
[6]
Editor's Note: Original § 506B of the 1974 Code, regarding authority to develop an official map, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Zoning Authority in Part 3 is granted by the Pennsylvania Municipalities Planning Code as well as the Airport Zoning Act.[7]
[7]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
C. 
The authority to regulate the various environmental aspects of Part 4 is derived from the Pennsylvania Municipalities Planning Code, the Pennsylvania Floodplain Management Act, and the Stormwater Management Act, the National Flood Insurance Program, and the National Pollution Discharge Elimination System.
D. 
The authority to regulate the subdivision of land in Part 5 is delegated by the Pennsylvania Municipalities Planning Code as well as the Pennsylvania Municipal Sewage Facilities Act.[8][9]
[8]
Editor's Note: See 35 P.S. § 750.1 et seq.
[9]
Editor's Note: Original § 506F of the 1974 Code, regarding planned development provisions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Land development proposals under Part 7 are reviewed by the authority granted by the Pennsylvania Municipalities Planning Code.[10]
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
The powers to certify blight, develop urban renewal areas, and implement an urban redevelopment program in Part 8 are granted by the Urban Redevelopment Law.[11]
[11]
Editor's Note: See 35 P.S. § 1701 et seq.
G. 
Authority to engage in capital planning, assess impact fees, and require performance bonds granted by the Pennsylvania Municipalities Planning Code.[12]
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
The provisions of Part 10 are extensions of the provisions of the other articles of the Altoona Planning Code. Authority for these provisions is derived from one or more of the sources cited above.
In the event any provision of this chapter is inconsistent or in conflict with any other ordinance, the ordinance containing the stricter provisions shall control. Where a level of strictness cannot be determined, an effort shall be made to determine if one of the provisions is mandated; if a mandate is found, then the mandated provision shall control. If both provisions are mandated, the mandate with the higher authority shall control. Otherwise, this chapter shall control. Efforts shall be made to eliminate such conflicts whenever they are found.
A. 
This chapter may be amended or repealed by City Council upon the written recommendations of the Altoona City Planning Commission and the Director of Planning and Community Development. All amendments or repeals must address specific sections and must remain consistent with applicable law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The Planning Administrator, or his or her designee, shall have the power and responsibility to establish, update, and maintain relevant appendixes, tables of contents, organizational aids, and to correct clerical errors and omissions.
A. 
Neither the granting nor the denial of any application nor the compliance with the provisions of this chapter or with any condition imposed by the City of Altoona, its officials, employees, or designated representatives thereunder, shall relieve any person from any responsibility for damage to persons or property resulting therefrom or as otherwise imposed by law, nor impose any liability upon the municipal officials, employees or designated representatives to the maximum extent permitted by law.
B. 
Neither the granting nor the denial of any permit application which includes any environmental management or vehicular/pedestrian circulation requirements shall constitute a representation, guarantee or warranty of any kind by the City of Altoona, the municipal officials, employees, or designated representatives thereof of the practicability or safety of any such structure or facility, use or other plan proposed, and shall create no liability or cause of action upon any municipal official, employee, or designated representative thereof for any damage that may result pursuant thereto to the maximum extent permitted by law.
The provisions of this article shall apply to the entire Altoona Planning Code, this chapter, and shall be considered to have the same force and effect as if inserted for each part or article herein.
The following ordinances and parts of ordinances and amendments thereof are hereby repealed to the extent hereinafter specified.
A. 
Relative to the delegation of powers under Part 1:
(1) 
Ordinances 338, 4165, 4662, and 4914, absolutely.
(2) 
Ordinance 5440, absolutely.
(3) 
Ordinance 3387, absolutely.
B. 
Relative to zoning:
(1) 
Ordinance 4765, absolutely.
(2) 
Ordinances 4796, 4802, 4879, 4890, 4897, 5063, 5095, 5112, 5254, 5270, 5284, 5312, 5385, 5407, 5443, 5461, and 5490, absolutely.
(3) 
Ordinances 4801, 4818, 4822, 4832, 4867, 4874, 4875, 4885, 4921, 5005, 5012, 5113, 5129, 5130, 5160, 5169, 5207, 5236, 5255, 5281, 5282, 5480, 5515, absolutely.
C. 
Relative to subdivision:
(1) 
Ordinance 4545, absolutely.
(2) 
Ordinances 4946, 5247, 5342, 5359, 5374, and 5408, absolutely.
D. 
Relative to environmental issues:
(1) 
Ordinance 5373, absolutely.
(2) 
Ordinance 5470, absolutely.
(3) 
Ordinance 5374, absolutely.
E. 
Relative to urban redevelopment:
(1) 
Ordinance 4872, absolutely.
(2) 
Ordinances 5442 and 5447, absolutely.
Where relevant and not specified elsewhere in this Code, enforcement for any land development regulation in this Code shall be conducted as specified in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.